Mostly, advocates have authority to withdraw any case or appeal.
Sometimes it is in interest of clients to withdraw case.
Sometimes, client feels that his advocate has wrongly withdrawn a case.
Then he can move an application to Court stating that he had not instructed his advocate to withdraw case.
In that case, if grievance is genuine, the court may recall its order and may place the case for fresh hearing.
If High Court refuses to do so, a SLP can be moved to Supreme Court.
Today in one such case, SC accepted that clients had not given authority to advocate to withdraw their appeal. SC set aside order of Gujarat High Court and directed rehearing of case.
Haresh Raichura
9/4/15
